BALWANT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C.), is directed against the judgment and order dated 09.05.1985, passed in Sessions Trial No. 19 of 1982, by the then learned Sessions Judge, Pauri Garhwal, whereby, accused / appellants Balwant Singh, Dilwar Singh, Manbar Singh and Rajart (all the four appellants in this appeal) and one Bharat Singh have been convicted under Section 302 read with Section 149 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and each one of them has been sentenced to imprisonment for life. They have further been convicted under Section 307 read with Section 149 of the I.P.C., and each one of them has been sentenced to rigorous imprisonment of four years.

(2.) We heard learned counsel for the parties and perused the entire record.

(3.) Prosecution story, in brief, is that on 17.06.1982, at about 9:30 P.M., due to enmity, accused / appellants Balwant Singh, Dilwar Singh, Manbar Singh and Rajan along with Bharat Singh, armed with deadly weapons and lathis, raided the house of Ganga Singh (P.W. 2), resident of village Bhainswara, Patti Khatsyun, District Pauri Garhwal. All the five accused/appellants, after forming unlawful assembly, with common object, committed murder of Sultan Singh (brother of Ganga Singh) and attempted to commit murder of Ganga Singh (P.W. 2). The incident was also witnessed by P.W. 3, Sampati Devi, wife of Ganga Singh. The First Information Report (Ext. A-1) of the incident was lodged by Amar Singh (P.W. 1) on 18.06.1982, at about 9:00 A.M., with Patti Patwan Khatsyun (In Uttaranchal hills, in rural areas, Revenue Officers are given police powers by the State). Madan Mohan Uniyal (P.W. 4), incharge Patwari of Patti Khatsyun, pre- pared check report (Ext. A-2) on the basis of the First Information Report, lodged by Amar Singh. He made necessary entry in the general diary. Thereafter, the Patwari went to the spot and started investigation of the crime. After taking the dead body of Sultan Singh in his possession, Patwari Madan Mohan Uniyal (P.W. 4) prepared the inquest report (Ext. A-3) and other necessary papers, and sent the dead body for postmortem examination. Dr. V.K. Saxena, Medical Officer conducted autopsy on the dead body of Sultan Singh on 19.06.1982 and opined that the deceased has died of coma due to head injury. Formal proof of the postmortem examination report (Ext. A - 10) was dispensed with by the defence. Before that, Dr. V.K. Saxena, Medical Officer, District Hospital Pauri also examined the injuries found on the person of Ganga Singh, P.W. 2 on 18.06.1982 and prepared medical examination report (Ext. A-9). Defence admitted genuineness of this document also. The Investigating Officer recorded the statement of the witnesses and prepared the site plan (Ext. A-4). P.W. 4, Madan Mohan Uniyal, Patwari / Investigating Officer during investigation collected the lantern in the light of which witnesses saw the occurrence and prepared memo Ext. A-5. He further collected blood stained clothes of the deceased and prepared memo Ext. A-6. The Investigating Officer took simple and blood stained soil / stone from the place of occurrence and prepared memo Ext. A-7. On completion of the investigation, the Investigating Officer submitted charge sheet (Ext. A-8) to the concerned Magistrate for trial of all the five accused persons for the offence allegedly committed by them punishable under Section 302/307/326 of the I.P.C.